Health Care Complaints Commission v Sivewright [2021] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sivewright [2021] NSWCATOD 45 Hearing dates: 1 March 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr G Yeo, Senior Member Dr H Wilson, Senior Member J Barker, General Member Decision: (1) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law, Dr Sivewright's registration as a medical practitioner is subject to the following conditions, which are substituted for the conditions previously imposed by the Medical Council: 1. To advise the Medical Council of NSW in writing at least seven days prior to changing the nature or place of his practice. 2. Not to possess, supply, administer or prescribe any drug of addiction (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). 3. Not to possess, supply, administer or prescribe any substance listed in Schedule 4 Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). 4. Not to possess, supply, administer or prescribe any drug containing codeine. 5. To practise only in a group practice approved by the Medical Council of NSW where there are at least 3 registered medical practitioners (excluding the subject practitioner): • Where the patients and patient records are shared between the medical practitioners • Where there is always one other registered medical practitioner on site. 6. Within 14 days of a change in the nature or place of his practice, he is to forward evidence to the Medical Council of NSW that he has provided a copy of the Practice Conditions to the; (a) Medical Director and/or; (b) Principal of Practice and/or; (c) Any other Responsible Senior Officer in any place that he works (including any locum agencies, Local Health District public and private hospitals, day procedures centre, medical centre, residential aged care facility or nursing home where he holds any appointments). 7. To authorise and consent to any exchange of information between the Medical Council of NSW, Pharmaceutical Regulatory Unit (Ministry of Health) and Medicare Australia for the purpose of monitoring compliance with these conditions. 8. Not to treat (including prescribe to) himself or immediate family members or their partners. (a) In the event of a medical emergency where there are no other medical services available, he may provide treatment to the above. A medical emergency is an event where it is not possible or reasonable to have a patient with a life threatening or urgent condition, seen by another medical practitioner or transferred to the nearest hospital. The practitioner must notify the Council in writing within 48 hours of the event occurring. 9. To authorise the Medical Council of NSW to notify current and future persons or organisations at any places where he works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. 10. To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and: (a) The audit is to be held from time to time as required by the Council. (b) The auditor(s) is to assess his compliance with good medical record keeping standards and legislative requirements. The auditor(s) should pay particular attention to documentation of history, examination and management in the medical records. (c) To authorise the auditor(s) to provide the Council with a report on their findings. (d) To meet all costs associated with the audit(s) and any subsequent reports. Clauses not published to the public National Register 1. Not to prescribe for self-medication. 2. Not to self-administer any: (a) prescribed restricted substance (Schedule 4 Appendix D drug) or drug of addiction (Schedule 8 drug); or (b) narcotic derivative, non-prescription compound analgesic or cold medication; or (c) any drug containing codeine; unless such medications are prescribed by his treating practitioner and taken as directed by his treating practitioner. Within 7 days of being prescribed such treatment from his treating practitioner, the practitioner must: (i) notify the Medical Council of NSW and Council appointed practitioners. (ii) provide written confirmation of the treatment from the treating practitioner. 3. To take any medication as prescribed by his treating practitioners. 4. To comply with the Medical Council's Drug Screening Policy and Participant Procedure: drug screening (as varied from time to time) and attend for: a. urine drug screening 2 times a week, and b. quarterly hair drug screening. 5. To comply with the Medical Council's Alcohol screening policy and Participant procedure: CDT screening (as varied from time to time) and attend for CDT screening on the first Monday of each month. 6. To attend for treatment by a general practitioner of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Council with the professional details of the treating practitioner. 7. To attend for treatment by a psychiatrist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Council with the professional details of the treating practitioner. 8. To attend for treatment by an addiction specialist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Council with the professional details of the treating practitioner. 9. The extent of his professional medical duties is to be guided by his health status and the advice of his treating and Council-appointed practitioners. 10. To attend for review by a Council-appointed psychiatrist on a 3 monthly basis or as otherwise directed by the Medical Council of NSW. 11. To attend a Medical Council of NSW's Review Interview on a 3 monthly basis, or as otherwise directed by the Medical Council of NSW. 12. To authorise the Medical Council of NSW to forward copies of the s150 decision and any subsequent Council Review Interview or other reports and any other information relevant to his health and treatment to the Council-appointed practitioners and to his treating practitioners. (2) Dr Sivewright is to pay the costs of the Health Care Complaints Commission in these proceedings, to be agreed or assessed. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Poisons and Therapeutic Goods Regulation 2002 (repealed) Road Transport Act 2013 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Do [2014] NSWCA 307 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Bernard Sivewright (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2020/00219088 Publication restriction: 1. Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the patients set out in the schedule to the complaint.